Appel v. Burman

In Appel v. Burman (1984) 159 Cal.App.3d 1209, plaintiff property owners decided to add onto their home. They informed defendant neighbors of their plans. The plaintiffs disclosed that a fence and a utility pole would need to be relocated in order to proceed with the project. (Id. at pp. 1211-1212.) The defendants then contacted the department of water and power and asserted that the location of the fence, not the location of the actual boundary line between the properties, was the agreed upon boundary line. The result was that the department of water and power refused to move the utility pole. This resulted in a two-year delay in the construction of the addition, during which time construction costs rose. (Id. at p. 1212.) The court held that the pecuniary loss in the form of increased construction costs was sufficient to support a cause of action for slander of title. (Id. at p. 1215.) As Appel shows, slander of title may be found even where no sale of the property is thwarted.