The most likely answer to this question is no. Generally in interpreting these type of rights the court considers both the words and the physical extent of the way at the date of grant. Therefore you will need to check your title to the site to see when the right was granted. <p></p><p>If the extent of the road at the date of grant of this right was limited by a narrow gate then this may prevent the use of the road by certain vehicles that could not have been used at the date of the grant. But if the gate is wide enough to let wide vehicles to pass through then even if there is no evidence that wide vehicles have used the road you should still have a right of way for the full width. </p><p>Your situation is further complicated by the presence of the retaining wall. If it is doubtful whether the wall can bear the load of heavy vehicles then you should not use the road for your construction traffic since it is unlikely that the right of way was intended for such vehicles.</p><p></p>