Hi, very good question. I think all land owners have a responsibility to ensure land/land owner protections are negotiated into a lease. If you are not well versed enough to do this yourself please hire representation. (Make sure you are careful who you hire also!). I do think you need to agree on basic terms such as sign on bonus, royalty, length, etc. then negotiate the details. Even if you agree to a no drill clause if you do not specify the owner has the right to refuse surface access and surface use FOR ANY REASON, you could find yourself some day looking at a big mess on your property. The devil is in the details so to speak. And the details need to be in writing in order to protect you down the line. That said, If the letter of intent is non-binding and stipulates that it is contengent upon an agreement being reached regarding surface use and other details it might be ok. I would prefer, however, to work things out first just to be safe. Remember, there are a lot of um, not verifiable things said when people are trying to get you to sign a lease...buyer be ware!