subject: Mineral Rights must be Researched before Leasing [print this page] Once mineral ownership has been determined negotiations for oil and gas lease can begin. Only a mineral owner may legally execute a legally binding agreement for oil royalties. Surface owners have minimal input in the negotiation of the lease. Surface owners are only entitled to the use of the surface of the land and not the minerals beneath. The surface owner can, however, negotiate for the damage that will be done in building the drilling pad.