Whether a contract is ambiguous is a question of law. A contract is ambiguous if it is reasonably susceptible to more than one construction. The court must give the language of the contract its plain and ordinary meeting. Concepts, Inc. v. Irie Enters. Parol evidence may not be examined in determining if a contract is ambiguous.
Appellants contend the language in the original agreement was ambiguous.
Appellants' argument fails because their claim is not supported by the agreement itself. Subsequent owners of property cannot be bound by the unexpressed intentions of previous owners. In this case, appellants would have no way of knowing the unexpressed intentions of the original parties to the agreement. Appellants alleged the original parties to the agreement did not manifest their intention in writing. Respondent was never told of any such unexpressed agreement, and was never given notice that there was a practice that the obligation to pay was not incurred until an owner's land was developed.