A special warranty deed is a deed transferring or conveying ownership of property in which the grantor (seller or transferor) promises (covenants) to defend the title only against other defects, liens, encumbrances, or claims made by the grantor or by someone claiming by or under the grantor.
In other words, a special warranty deed provides a limited warranty of title and does not warrant against claims or defects in the title that existed before the grantor took possession of the property.
In Oregon, a special warranty deed is a type of deed where the grantor (the person selling or transferring the property) guarantees the title only against defects that may have arisen during their period of ownership. This means the grantor is not responsible for any issues with the title that existed before they took possession of the property. The special warranty deed is less protective for the buyer than a general warranty deed, which guarantees the title against all defects, regardless of when they arose. The special warranty deed will typically contain language that limits the scope of the warranty to the time the grantor owned the property. It's important for buyers to understand the extent of the warranty being provided and to consider obtaining title insurance for additional protection. As with any legal document related to real estate transactions, it's advisable to consult with an attorney to understand the implications of the deed and to ensure that the property title is clear.