Fanaelialae
Legend
I was really surprised by the tomes. The 100 year recharge limitation keeps most PCs from using the tome repeatedly, but it doesn't explain why some ancient lich that is 1,000 years old hasn't used its tome several times, and it doesn't prevent a PC from benefiting from more than one tome, should they acquire them. Instead of the 100 year rule, I think it would have been better if the tome is consumed after use and the character can never benefit from that kind of tome ever again.
That lich (or PC) not only has to acquire this very rare item, he also has to keep it for 1,000 years. A lot can happen in that time. He might be raided by adventurers or rivals, and forced to abandon the tome. His lair could be destroyed by a natural disaster, such as an earthquake or a volcanic eruption, and the tome lost along with it. Heck, he might start to lose his mind with the passage of so many years and simply forget about it. That's not to say that no lich could ever do this, but I'd expect it to be the exception rather than the rule.
I'm with those that say this is more a problem in theory than reality. Based on this analysis of the treasure tables:
http://www.enworld.org/forum/showth...al-quot-Magic-Item-Distribution#ixzz3LsaAPCqb
a typical party is expected to find one very rare item and one legendary item per PC.
IF the DM is willing to allow the players to substitute a very rare item for a legendary one AND he allows them to choose their own magic items AND one PC can convince the rest of the party to use their picks to give him their treasure instead, you might have an issue. However, not only does that seem like an absurdly unlikely possibility, but that party is missing out of a whole bunch of great magic items in exchange for making one of their own superhuman. Personally, I don't think it's a good trade at all. I'd much rather have a Staff of Power/Magi than + 2 Intelligence.