slander of title claim (Ohio) · Go Syfert
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slander of title claim in Ohio

17 Ohio opinions name it 1 courts 1998–2026 9 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Green v. Lemarrgreen
ohioctapp · 2000 · cited in 10 Ohio opinions naming this issue, 2006–2026
2 sentences

2021A slander of title claim may be “brought against anyone who falsely and maliciously defames the property, either real or personal, of another, and thereby causes him some special pecuniary damage or loss.” Green v. Lemarr, 139 Ohio App.3d 414, 430 , 744 N.E.2d 212 (2d Dist.2000), citing Buehrer v. Provident Mut.

2021A slander of title claim may be “brought against anyone who falsely and maliciously defames the property, either real or personal, of another, and thereby causes him some special pecuniary damage or loss.” Green v. Lemarr, 139 Ohio App.3d 414, 430 , 744 N.E.2d 212 (2d Dist.2000), citing Buehrer v. Provident Mut.

410
N. Royalton Court Condo Owners' Assn. v. Stadulgreen
ohioctapp · 2024 · cited in 2 Ohio opinions naming this issue, 2024–2026
2 sentences

2026Owners’ Assn. v. Stadul, 2024-Ohio-1280, ¶ 27 (8th Dist.), quoting Green v. Lemarr, 139 Ohio App.3d 414, 430 (2d Dist. 2000).

2024Owners’ Assn. v. Stadul, 2024-Ohio-1280, ¶ 27 (8th Dist.), quoting Green v. Lemarr, 139 Ohio App.3d 414, 430 (2d Dist. 2000).

22
Colquhoun v. Webbergreen
me · 1996 · cited in 2 Ohio opinions naming this issue, 2021–2024
2 sentences

2024To prevail on a slander of title claim, “a claimant must prove ‘(1) there was a publication of a slanderous statement disparaging claimant's title; (2) the statement was false; (3) the statement was made with malice or made with reckless disregard of its falsity; and (4) the statement caused actual or special damages.’ ” Green at 430-431 , quoting Colquhoun v. Webber, 684 A.2d 405, 409 (Me. 1996). “ ‘As a general rule, wrongfully recording an unfounded claim to the property of another constitutes slander of title.’ ” Cuspide Properties, Ltd. v. Earl Mechanical Servs., 2015-Ohio-5019, ¶ 37 (6th

2021“To prevail, a claimant must prove ‘(1) there was a publication of a slanderous statement disparaging claimant’s title; (2) the statement was false; (3) the statement was made with malice or made with reckless disregard of its falsity; and (4) the statement caused actual or special damages.’ ” Id. at 430-431 , quoting Colquhoun v. Webber, 684 A.2d 405, 409 (Me. 1996). {¶ 26} In its ruling, the trial court found that Lawson had established slander of title, as a matter of law, with regard to both the mortgage and Waker’s mechanic’s lien.

22
Prater v. Dashkovsky, 07ap-389 (12-18-2007)green
ohioctapp · 2007 · cited in 2 Ohio opinions naming this issue, 2019–2024
2 sentences

2024To prevail on a slander of title claim, “a claimant must prove ‘(1) there was a publication of a slanderous statement disparaging claimant's title; (2) the statement was false; (3) the statement was made with malice or made with reckless disregard of its falsity; and (4) the statement caused actual or special damages.’ ” Green at 430-431 , quoting Colquhoun v. Webber, 684 A.2d 405, 409 (Me. 1996). “ ‘As a general rule, wrongfully recording an unfounded claim to the property of another constitutes slander of title.’ ” Cuspide Properties, Ltd. v. Earl Mechanical Servs., 2015-Ohio-5019, ¶ 37 (6th

2019“The filing of a mechanic's lien satisfies the publication element.” Prater v. Dashkovsky, 10th Dist. Franklin No. 07AP-389, 2007-Ohio-6785, ¶ 13 , citing W.

12
McClure v. Fischer Attached Homesgreen
ohctcomplclermo · 2007 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024To prevail on a slander of title claim, “a claimant must prove ‘(1) there was a publication of a slanderous statement disparaging claimant's title; (2) the statement was false; (3) the statement was made with malice or made with reckless disregard of its falsity; and (4) the statement caused actual or special damages.’ ” Green at 430-431 , quoting Colquhoun v. Webber, 684 A.2d 405, 409 (Me. 1996). “ ‘As a general rule, wrongfully recording an unfounded claim to the property of another constitutes slander of title.’ ” Cuspide Properties, Ltd. v. Earl Mechanical Servs., 2015-Ohio-5019, ¶ 37 (6th

11
Cuspide Properties, Ltd. v. Earl Mechanical Servs.green
ohioctapp · 2015 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024To prevail on a slander of title claim, “a claimant must prove ‘(1) there was a publication of a slanderous statement disparaging claimant's title; (2) the statement was false; (3) the statement was made with malice or made with reckless disregard of its falsity; and (4) the statement caused actual or special damages.’ ” Green at 430-431 , quoting Colquhoun v. Webber, 684 A.2d 405, 409 (Me. 1996). “ ‘As a general rule, wrongfully recording an unfounded claim to the property of another constitutes slander of title.’ ” Cuspide Properties, Ltd. v. Earl Mechanical Servs., 2015-Ohio-5019, ¶ 37 (6th

11
WWSD, L.L.C. v. Woodsgreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024See also WWSD, LLC v. Woods, 2022-Ohio-952 , 188 N.E.3d 244 , ¶ 57 (10th Dist.) (reconsideration granted in part on other grounds, 2023-Ohio- 3174) (a slander-of-title claim typically involves documents such as liens or mortgages filed against a property by parties who claim an interest in the property); Troon Mgt. v. Adams Family Trust, 2023-Ohio-3489 , 225 N.E.3d 463 , ¶ 32 (4th Dist.).

2024See also WWSD, LLC v. Woods, 2022-Ohio-952 , 188 N.E.3d 244 , ¶ 57 (10th Dist.) (reconsideration granted in part on other grounds, 2023-Ohio- 3174) (a slander-of-title claim typically involves documents such as liens or mortgages filed against a property by parties who claim an interest in the property); Troon Mgt. v. Adams Family Trust, 2023-Ohio-3489 , 225 N.E.3d 463 , ¶ 32 (4th Dist.).

11
Division of Aid for the Aged v. Huffgreen
ohioctapp · 1960 · cited in 1 Ohio opinions naming this issue, 2023–2023
1 sentence

2023It is a transfer of the title as security, to be void on payment.’ Division of Aid for Aged, Department of Public Welfare v. Huff (1960), 110 Ohio App. 483, 486 (7th Dist.).” - “AFT and Bret Adams knew, or should have known, that the Gerig Mortgage was void and could not be enforced against Troon, by operation of both Section 9 of the Settlement Agreement in the First Case, and §9 of the Gerig-AFT Agreement which explicitly stated that the holder of the Gerig Note could only pursue ‘Borrowers’ for payment.” - “The recording of the Assignment in the Recorder’s Office for Pickaway County, Ohio c

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Gasper v. Bank of Am., N.A. green
ohioctapp · 2019
2 sentences

2024“The wrongful filing for the record of a document which casts a cloud upon another’s title to or interest in realty is considered to be an act of publication which gives rise to an action for slander of title.” Gasper v. Bank of Am., N.A., 2019-Ohio-1150 , 133 N.E.3d 1037 , ¶ 36 (9th Dist.), quoting Smith Elec. v. Rehs, 9th Dist.

2024“The wrongful filing for the record of a document which casts a cloud upon another’s title to or interest in realty is considered to be an act of publication which gives rise to an action for slander of title.” Gasper v. Bank of Am., N.A., 2019-Ohio-1150 , 133 N.E.3d 1037 , ¶ 36 (9th Dist.), quoting Smith Elec. v. Rehs, 9th Dist.

12024–2024
Troon Mgt., Ltd. v. Adams Family Trust green
ohioctapp · 2023
2 sentences

2024See also WWSD, LLC v. Woods, 2022-Ohio-952 , 188 N.E.3d 244 , ¶ 57 (10th Dist.) (reconsideration granted in part on other grounds, 2023-Ohio- 3174) (a slander-of-title claim typically involves documents such as liens or mortgages filed against a property by parties who claim an interest in the property); Troon Mgt. v. Adams Family Trust, 2023-Ohio-3489 , 225 N.E.3d 463 , ¶ 32 (4th Dist.).

2024See also WWSD, LLC v. Woods, 2022-Ohio-952 , 188 N.E.3d 244 , ¶ 57 (10th Dist.) (reconsideration granted in part on other grounds, 2023-Ohio- 3174) (a slander-of-title claim typically involves documents such as liens or mortgages filed against a property by parties who claim an interest in the property); Troon Mgt. v. Adams Family Trust, 2023-Ohio-3489 , 225 N.E.3d 463 , ¶ 32 (4th Dist.).

12024–2024
Buehrer v. Provident Mut Life Ins green
ohioctapp · 1930
1 sentence

2021Id.

12021–2021
Whitman v. Gerson neutral
ohioctapp · 2016
1 sentence

2021C-140592 and C- 140595, 2016-Ohio-311 , the defendant had filed a slander-of-title claim against the 9 OHIO FIRST DISTRICT COURT OF APPEALS plaintiff pertaining to allegations that the plaintiff had made in a complaint against the defendant for fraudulent conveyance.

12021–2021
Fairfield County Board of Commissioners v. Nally green
ohio · 2015
1 sentence

2016Bd. of Commrs. v. Nally, 143 Ohio St.3d 93 , 2015-Ohio-991 , ¶ 42 (“Although due process is flexible and calls for such procedural protections as the particular situation demands, the basic requirements of procedural due process are notice and an opportunity to be heard.”) (Internal quotations and citations omitted.). {¶34} After informing Drillers Place via journal entry that it would hold a separate jury trial on the slander of title claim, the trial court instead sua sponte disposed of that claim based on evidence adduced at the bench trial.

12016–2016
Bittner v. Tri-County Toyota, Inc. green
ohio · 1991
2 sentences

2016The jury’s answer stating that the Gales were not entitled to an award of attorney fees had nothing to do with the Gales’ CSPA claim. {¶47} Moreover, it is not clear from the trial court’s judgment what factors it considered under Bittner, 58 Ohio St.3d 143 , 569 N.E.2d 464 , when it denied the Gales’ motion.

2016The jury’s answer stating that the Gales were not entitled to an award of attorney fees had nothing to do with the Gales’ CSPA claim. {¶47} Moreover, it is not clear from the trial court’s judgment what factors it considered under Bittner, 58 Ohio St.3d 143 , 569 N.E.2d 464 , when it denied the Gales’ motion.

12016–2016
Consun Food Industries, Inc. v. Fowkes green
ohioctapp · 1991
2 sentences

2015Consumer Food Industries, Inc. v. Fowkes, 81 Ohio App.3d 63, 72 , 610 N.E.2d 463 (9th Dist.1991).

2015Consumer Food Industries, Inc. v. Fowkes, 81 Ohio App.3d 63, 72 , 610 N.E.2d 463 (9th Dist.1991).

12015–2015
C. E. Morris Co. v. Foley Construction Co. green
ohio · 1978
1 sentence

2006Co. (1978), 54 Ohio St. 2d 279 , at the syllabus. {¶ 28} In light of our determination that the trial court erred by granting appellees' motion to file a supplemental complaint and thereby allowing the case to proceed to trial on the additional claims of fraud and negligence, we will consider this assignment of error only as to the slander of title claim. {¶ 29} Slander of title is a tort action which may be "`brought against any one who falsely and maliciously defames the property, either real or personal, of another, and thereby causes him some special pecuniary damage or loss.'" Green v. Le

12006–2006
Wendover Road Property Owners Ass'n v. Kornicks green
ohioctapp · 1985
1 sentence

1998Wendover Property Owners v. Kornicks (1985), 28 Ohio App.3d 101 , 103 .

11998–1998

Where else courts name it

MI 25 (1997–2025) CA 18 (2012–2026) OH 17 (1998–2026) KY 9 (2013–2022) IL 9 (2012–2025) TX 8 (2009–2025) CO 6 (1977–2021) RI 6 (1996–2014) MN 6 (2000–2017) NV 5 (2007–2018) UT 5 (2011–2025) ME 5 (2001–2023) WA 5 (2015–2023) IN 4 (1986–2016) IA 4 (2021–2025) NC 4 (2024–2026) VT 4 (2011–2025) NM 3 (1986–2008) WY 3 (2019–2022) HI 3 (2012–2021) NY 3 (1994–2013) AL 3 (1996–2015) TN 3 (2017–2022) SC 3 (2012–2023) FL 3 (2002–2011) GA 3 (2011–2015) OR 3 (1988–2024) OK 3 (1996–2016) ID 3 (1992–2010) ND 2 (2012–2012) DC 2 (1995–2014) VA 2 (2011–2021) MO 2 (1997–2018) AZ 2 (2022–2025) KS 2 (2025–2026) MA 2 (2007–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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