A rancher subdivides a recently annexed tract into 30 two-acre lots and records a subdivision plan with a single-family restriction on each lot. After selling the first lot, the rancher leaves the remaining lots to be sold. A city later imposes a two-story height restriction that is not included in any deed or the subdivision plan. Which statement is correct regarding enforceability of the two-story restriction against the private owners who bought later?

• A. It binds as part of a common scheme if the rancher intended it at the time of sale.
• B. The buyers are bound because they knew of the restriction.
• C. The restriction cannot bind the private owners because it is not contained in the deeds or subdivision plan.
• D. Private restrictions can be enforced because city rules permit.

Answer: (C)