Slander of title
Encyclopedia
In law, slander of title is normally a claim involving real estate
in which one entity falsely claims to own another entity's property. Alternatively, it is casting aspersion on someone else's property, business or goods, e.g. claiming a house is infested with termites (when it is not), or falsely claiming you own someone else's copyright
(what allegedly occurred in the SCO v. Novell
case). Slander of title is a form of jactitation
.
Slander of title is a one of the "specialized" Common law intentional torts. The State of California has adopted the definition of slander of title set forth in section 624 of the Restatement of Torts reading as follows: "One who, without a privilege to do so, publishes matter which is untrue and disparaging to another's property in land, chattels or intangible things under such circumstances as would lead a reasonable man to foresee that the conduct of a third person as purchaser or lessee thereof might be determined thereby is liable for pecuniary loss resulting to the other from the impairment of vendibility thus caused."
The term slander of title is somewhat of a misnomer as slander refers to that which is spoken yet the tort slander of title requires publication. A more accurate term would be "disparagement of title"
A slander of title suit can be pursued with merit in a variety of circumstances including but not limited to" the filing of an invalid lien against real property or virtually any type of recordable instrument recorded against a property by one without privilege which is untrue....It is not a requirement that it be recorded merely published, and in the broadest sense of the word. Published can even refer to the placement of a lawn sign
in front of someone's property upon which is conveyed an untrue disparaging statement.
Real estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
in which one entity falsely claims to own another entity's property. Alternatively, it is casting aspersion on someone else's property, business or goods, e.g. claiming a house is infested with termites (when it is not), or falsely claiming you own someone else's copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
(what allegedly occurred in the SCO v. Novell
SCO v. Novell
SCO v. Novell was a United States lawsuit in which the The SCO Group claimed ownership of the source code for the Unix operating system, including portions of Linux...
case). Slander of title is a form of jactitation
Jactitation
-Legal jactitation:In English law, jactitation is the maliciously boasting or giving out by one party that he or she is married to the other.In such a case, in order to prevent the common reputation of their marriage that might ensue, the procedure is by suit of jactitation of marriage, in which...
.
Slander of title is a one of the "specialized" Common law intentional torts. The State of California has adopted the definition of slander of title set forth in section 624 of the Restatement of Torts reading as follows: "One who, without a privilege to do so, publishes matter which is untrue and disparaging to another's property in land, chattels or intangible things under such circumstances as would lead a reasonable man to foresee that the conduct of a third person as purchaser or lessee thereof might be determined thereby is liable for pecuniary loss resulting to the other from the impairment of vendibility thus caused."
The term slander of title is somewhat of a misnomer as slander refers to that which is spoken yet the tort slander of title requires publication. A more accurate term would be "disparagement of title"
A slander of title suit can be pursued with merit in a variety of circumstances including but not limited to" the filing of an invalid lien against real property or virtually any type of recordable instrument recorded against a property by one without privilege which is untrue....It is not a requirement that it be recorded merely published, and in the broadest sense of the word. Published can even refer to the placement of a lawn sign
Lawn sign
Lawn signs are used for local advertising. They can be used by business such as real estate and are popular in election campaigns in some countries. They are small signs that can be placed on the property of a business or on the lawns of a candidate's supporters...
in front of someone's property upon which is conveyed an untrue disparaging statement.