Road to a land

The person living adjacent to my land has road through my land. In his deed, it is said that the road is for walking purpose ( not for vehicle facility). So it was 4 feet width and we built walls on both sides of that 4 feet. Then in 2005, he asked us for increase in width (3 ft additional) and we agreed with a price. He rebuilt the walls by increasing the width to 7 ft ( 4+3).) and told that cash will be given soon.But he defaulted on it and we didn't receive our money. There was no written agreement for this deal. Since he failed to give the money, we didn't give him registered the additional 3 ft as his road. But he is using that 7ft so far. So currently is there any legal objection to get our 3 ft land back? We want to get it back. There is no written agreement in paper that, we made a deal 10 yrs back and he defaulted. All the paper documents were as before. Only thing is he has been using the 3 ft additional raod as if it belongs to him. Please advice in whose favour the law will be. Also, if the road to a land is specified like ' walking purpose', it is only 4 ft.. is it?