Is it slander of title if a neighbor refuses to recognize a documented easement in Idaho?

Question

In Idaho, I have proof of a driveway easement dating back to 1970 for access to my otherwise landlocked property. Although my deed states "no deeded access," a mortgage was secured on the property in 1988. Recently, I was denied a conventional bank loan due to the lack of deeded access, despite my documentation of the easement. Given this, could the neighbor's refusal to recognize the easement amount to slander of title?

James L. Arrasmith · Answer

In your case, the neighbor's refusal to recognize a documented easement could potentially amount to slander of title, but there are a few important factors to consider. Slander of title typically occurs when someone makes false claims about a property that harm its value or marketability. If the neighbor is denying the existence of an easement that you can prove with documentation, and that denial is impacting your ability to secure financing, this could be seen as a claim that harms your property’s title. 
 
To pursue a slander of title claim, you would need to show that the neighbor's actions have caused measurable damage, such as being denied a loan or experiencing difficulty selling the property. This would require proving that the neighbor’s refusal is a direct cause of the financial setback. If the neighbor’s denial is affecting your ability to secure funding despite having the proper easement documentation, that could strengthen your case. 
 
It’s also important to communicate with the mortgage company, providing them with your easement documentation and explaining the situation. If the issue persists, you may want to consult with a real estate attorney to explore your options for addressing the slander of title or pursuing legal action to enforce the easement. This could help resolve the dispute and ensure your property’s access rights are respected.

Q: Is it slander of title if a neighbor refuses to recognize a documented easement in Idaho?