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What province are you in please?
Why do you say this is no longer valid?
When did your property get transferred over to the Land Titles Act system?
I just did some research and the law throughout BC is the same and there is no longer such a thing as a prescriptive easement.
As there is no easement registered on title you cannot use the easement without consent.
I am sorry I cannot come up with a solution for you aside from paying the neighbour a licencing fee to allow you to use the easement.
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