You can pay a lot of money and have an attorney like myself take care of this, or you can follow Suzanne's advice below and get most of the legwork done ahead of time. The most important thing is to make sure that your survey shows the encroachment that you're complaining about. If not, you'll most likely need a second survey.
Attorney Ranj Mohip is a Chicago real estate attorney. The information in this answer is general information and is not intended as legal advice. Further, answering this question or otherwise contributing as a member of Trulia.com does not create an attorney-client relationship. Remember--consult the best real estate attorney in Chicago or in your respective area. Contact us at http://www.ranjmohip.com for more information.... more