NOT LEGAL ADVICE
Mr. Kisha,
There is nowhere you can go to know in an instant whether or not you own any mineral rights on your property. The listing for my property said that I would not own the mineral rights when in fact I DO own them, so you can’t go by what the real-estate listing says. And if your home-purchase documents are silent on the matter, that does NOT mean that you will own the mineral rights to your property. The only way to know for sure is to pay a professional to research the mineral title or do it yourself.
Realtors and title companies despise the concept of mineral rights because it’s complicated and puts more work between them and getting paid.
To answer your questions, yes, you can sign the lease whether you own the mineral rights or not. HOWEVER, depending upon how it’s worded, you might or might not be responsible for returning your bonus money and for helping the company defend themselves in a lawsuit. So, even if you think you own the mineral rights, even if the landman tells you that you own them, insist on a “No Warranty of Title” clause. Then, if it turns out that you do not own the mineral rights, you suffer no consequences. And yes, any reputable company will have researched your property before approaching you to sign a lease.
Sincerely,
Philip Wynne